Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27189 of 2023 Arising Out of PS. Case No.-868 Year-2022 Thana- SUPAUL District- Supaul ====================================================== SHOBHA DEVI Wife of Krishnadeo Gupta Resident of village - Aurahi, Ward no. 17, P.S. - Gamharia, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(A) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 1.800 liters of liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that she came to be implicated in the present case as the motorcycle was registered in her name, it is further

Patna High Court CR. MISC. No.27189 of 2023(2) dt.16-05-2023 2/2 submitted that no prudent person would misuse her own vehicle for committing a crime and thus would create evidence against herself, it is next submitted that husband of the petitioner had taken the motorcycle and was also arrested when the liquor was recovered.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Supaul P.S. Case No. 868 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T